- One One Seven
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You cannot legally take possession of something that is not legally able to be transfered to you. If the retailer cannot legally sell you the game...you cannot legally take possession thereof from them. Plain and simple. Do you want some Westlaw examples?
I cannot legally sell you Frag's mum, because I am not legally entitled to transfer ownership to you. If the retailer cannot legally transfer ownership to you, you cannot legally but it from them.
Wrong again, and again, and again.
You cannot sell me Fragula's mum because aside from the sale of human beings being illegal under law in most areas, you have no right to sell the item (you cannot sell what you do not own). In this case it is also illegal to buy because owning of another human being is also illegal; your choice of example is again poor.
We will stick to the product at hand, at least to save you from continuing to make further mistakes in an area of law you have repeatedly shown yourself to have no basic knowledge of.
In this example, I am going to sell you Halo 3 early. I am under a contract with Microsoft (the publisher) of the game, not to sell the game before the 25th September. If I sell you the game early, I am breaking this legally binding contract, and giving Microsoft legal justification to take me to court.
I cannot distribute the product to you legally or transfer ownership to you legally, but your ownership of the item is not illegal. You are not accountable for me transferring the ownership to you, and you are free to sell the product as you wish because you are not bound by the terms in the original contract.
I have tried repeatedly to explain why your understanding is so flawed, and evidently you refuse to listen. However I will ask you this: why is no action ever taken against the people who purchase the game? It's not just because they are harder to take to court, but because there is no legal grounds for doing so.
[Edited on 08.31.2007 9:27 AM PDT]